NATIONAL RAILROAD ADJUSTMENT BOARD
(James F. Walsh
PARTIES TO DISPUTE:
(Consolidated Rail Corportation
STATEMENT OF CLAIM: "To collect Title V wages.
When I returned from the Military Service in March of
1977
to
continue my employment with the Erie Lackawanna, it had become part of Conrail.
At this time I was never informed about Title V or any other labor agreements
by Conrail. The first information I received from Title V was a letter dated
July 14, 1980,
showing the amount of protection. After this date, the slips
Z received with my paycheck concerning Title V showed the hourly rate of a
laborer not a carpenter."
OPINION OF BOARD: A review of the record discloses the claim is predicated on
Section
507
of Title V of the Regional Rail Reorganization
Act of
1973,
as amended, which provides for the appropriate machinery for the
resolution of any dispute involving the interpretation or application thereof
and by Agreement dated January
3, 1978,
such Adjustment Board known as Special
Board of Adjustment No.
880
was established between the Carrier and the Labor
Organizations.
This Board finds that such procedures established and accepted by the
parties themselves for resolving disputes under Section
507
of Title V of the
Regional Rail Reorganization Act of
1973,
as amended, should be respected and disputes arising thereunder must be handled by that Special
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21,
1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the claim is barred.
Award Number 23917
Docket Number MS-24398
Claim dismissed.
Attest: Acting Executive Secretary
National Railroad Adjustment Hoard
Rosemarie Brasch - Administrative Assistant
Page 2
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 8th day of June 19$2.